By Jamma Ali Sugow
The rule of law basically refers to the influence and the authority of the law within a particular society, especially as a constraint upon the conduct of government officials. This means that all members of a society, the politicians included, are considered equally subject to publicly disclosed legal codes and processes.
It is very salient and paramount to make sure that the rule of law is upheld in every society because, in its absence, as we can vividly see in failed states like Somalia and Afghanistan, anarchy , discord, and civil disorder take over.
Security is one of the most defining aspects of the rule of law and the fundamental functioning of any state. Somalia as we see it now and know it, has been or has become some kind of magnetic attraction for warlords and organized crime. Due to the absence of the rule of law, established criminal gangs have been able to conduct their activities undeterred because there is absolutely no properly structured security and intelligence unit that can inhibit and curb the growth and expansion of those gangs who are either out to dismantle the country either economically or in pursuit of making it a state doomed into failure and violence. If the Somalia Federal Government can put up stringent measures that will set conducive conditions for the rule of law to flourish, then it can be assured that, crime will be effectively controlled, civil conflicts be manageable and finally people will not resort to violence to redress personal grievances.
For the Somali people to develop trust toward their country’s justice system, then the government will have to institute radical reforms within its judiciary. The justice system in the country is at the moment awfully and disgustingly corrupt such that the citizens would rather solve their issues with others personally through revenge killings etc, that will obviously water and grow even further the seeds of bloodshed. There should be a judicial system that is affordable for the widowed mother in the streets selling vegetables in the streets of Mogadishu, Kismayu or Boidoa and the disgruntled brother who has lost a fellow brother to the gun and is also willing to avenge that death via the gun as well.
Moreover, there should be put in place a civil judicial system that is corruption free and independent from improper political influence. When the public see for themselves that big affluent people have fallen victim to the courts and law enforcement, that will boost the confidence they have in the courts.
On the other hand, one can argue that the rule of law is necessary in Somalia in that it provides proper checks and balances to a government that seemingly does not seem to have any credible opposition that is on its toes. It makes sure that the powers of the government and its officials either by constitutional or institutional means are limited and that they are held accountable. The current executive arm of the Somali government that appears to have all the powers of the state can have its powers limited by a well constructed and maintained legislature and an independent judiciary .
How can this be made possible and how can we ensure that the rule of law in Somalia is adhered to and maintained as desired?. This can be made possible through training of many lawyers and encouraging the young Turks in the country to man up and take law courses rather than run away to the nearest country seeking asylum and risk being treated as third-class citizens.
Somalia is in dire need of a lot of political , economic and social reforms that are necessary for the growth and stability of any state. A good citation is how lawyers and civil activists who were themselves lawyers by training fought tooth and nail, risking torture and emotional trauma to ensure we had political reforms in Kenya. The Abdis, Farahs and Ahmeds in Somalia should borrow a leaf from the Orengos, Muites and Mutungas Kenya had during Moi’s regime. It is only through sacrifice and hard fought advocacy that Somalia can stabilize and move forward. In short, Somalia needs more lawyers and civil activists than clan Mullahs who have been kerosene to an already burning society. Invest in lawyers that have civil advocacy at heart and be assured of swift and radical changes in your political affairs.
Jamma Ali Sugow
Email: [email protected]
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The writer of this essay is a Kenyan legal scholar and foreign policy expert
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